Defendant appealed against decree of specific suit after 2097 days delay, seeking condonation under Section 5 of the Limitation Act. The court found only vague averments of ignorance of law, held ignorance is no excuse, dismissed the condonation application and consequently the appeal.
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[2025:RJ-JP:15057]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 665/2025
Kallaram S/o Late Dalchand Urf Dalu, Aged About 67 Years, Occupation Goldsmiths Work, R/o Ward No. 17, Kasba Weir, Tehsil Weir, District Bharatpur.
----Appellant
Versus
Ramakant Gupta S/o Ramdayal Gupta, R/o Ward No. 4 Kasba Weir, Tehsil Weir, District Bharatpur.
----Respondent
For Appellant(s) : Mr. Sanjay Joshi, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order
03/04/2025
This appeal has been filed by the appellant-defendant (for short ‘the defendant’) against the judgment and decree dated 30.03.2019 passed by Additional District Judge No. 1, Bayana Camp Weir (Bharatpur) in civil suit No. 32/2017 (10/2009) whereby the suit filed by the plaintiff-respondent (for short ‘the plaintiff’) has been decreed in his favour. Alongwith the said appeal, an application under Section 5 of the Limitation Act has been filed for condonation of 2097 days delay in filing the appeal.
Learned counsel for the defendant submits that delay in filing the appeal is unintentional. So, in the interest of justice, delay of 2097 days in filing the appeal may be condoned.
Heard learned counsel for the defendant on the application under Section 5 of the Limitation Act. The reasons given in the
(2 of 2)
[2025:RJ-JP:15057]
[CFA-665/2025]
application under Section 5 of the Limitation Act are reproduced as
under:-
“2. That the appellant is uneducated person and not conversant with the fact that there is specific time period is mentioned in the CPC for filing appeal against the judgment and decree passed by the Ld. Court below. As such the valuable property right of the appellant is involved in the appeal. The delay in filing appeal is not deliberate.”
The defendant has not shown any plausible cause for filing the present appeal after an inordinate delay of 2097 days. Entirely vague averments have been made. Ignorance of law is no excuse. So, I do not consider it a fit case to condone the inordinate delay of 2097 days. Thus, application filed by the defendant for condonation of 2097 days delay in filing the appeal is devoid of merit and liable to be dismissed, which stands dismissed accordingly.
Consequent upon the dismissal of the application under Section 5 of the Limitation Act, the appeal also stands dismissed.
(NARENDRA SINGH DHADDHA),J
Gourav/102
1 issue framed by the court
Whether a 2097-day delay in filing the first appeal should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Kallaram S/o Late Dalchand Urf Dalu
Ramakant Gupta S/o Ramdayal Gupta
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
